Shtar of Mechiras Chametz

Pesach and Chametz #3

Shtar of Mechiras Chametz

Q: What are some points to note in the shtar mechiras chametz (document of sale)?

A: The individual seller usually signs an authorization form, in addition to the shtar between the Rav and the non-Jew.

The poskim discuss whether the shtar mechirah serves as a mode of transaction (shtar kinyan) or just as proof of sale (shtar r’ayah) (Aruch Hashulchan 448:21; Divrei Malkiel 4:24[34]).

The shtar mechirah should contain:

1. The date of sale. Some poskim recommend writing also the time of sale. If the date was incorrect, the shtar is invalid (C.M. 43:13, 239:2; Divrei Malkiel 4:24[49]).
2. The place where it was arranged and signed, but this is not required. However, either it or the authorization forms must contain the place where the chametz is located (C.M. 43:20,22).
3. The names of the seller and buyer. If the name of the buyer is wrong, the shtar is invalid, but if it was omitted, the shtar is valid, because he holds the sales document (Mekor Chaim 448:9).

The seller and buyer should both sign; if the seller does not sign, the shtar is invalid (Divrei Malkiel 4:24[82]; Sdei Chemed 8:8:13[3]).

The shtar (or authorization form) should preferably specify the types of chametz, but if it simply stated “all kinds of chametz,” it is valid (Biur Halachah 448:3).